[Federal Register Volume 63, Number 123 (Friday, June 26, 1998)]
[Proposed Rules]
[Pages 34842-34844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17129]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 980608151-8151-01; I.D.122497B]
RIN 0648-AK43


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Golden Crab Fishery of the South Atlantic Region; Gear and Vessel 
Management Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement a regulatory 
amendment prepared by the South Atlantic Fishery Management Council 
(Council) in accordance with framework procedures for adjusting 
management measures of the Fishery Management Plan for the Golden Crab 
Fishery of the South Atlantic Region (FMP). For the golden crab fishery 
in the South Atlantic exclusive economic zone (EEZ), the regulatory 
amendment would revise the vessel size limitations applicable when a 
vessel permit is transferred to another vessel and would extend through 
January 31, 1999, the authorized use of wire cable for a mainline 
attached to a golden crab trap. In addition, NMFS proposes to remove 
from the regulations the eligibility criteria and procedures for 
obtaining initial commercial vessel permits in the South Atlantic 
golden crab fishery. Such criteria and procedures are no longer 
applicable. The intended effects of this proposed rule are to allow for 
additional evaluation of cable used as mainlines for traps, to provide 
greater flexibility for fishermen to fish with vessels of different 
lengths without adversely affecting the FMP's cap on fishing effort, 
and to simplify the regulations.

DATES: Written comments must be received on or before July 13, 1998.

ADDRESSES: Comments on the proposed rule must be sent to Peter 
Eldridge, Southeast Regional Office, NMFS, 9721 Executive Center Drive 
N., St. Petersburg, FL 33702.
    Requests for copies of the framework regulatory amendment, which 
includes an environmental assessment, a regulatory impact review (RIR), 
and a social impact assessment/fishery impact statement, should be sent 
to the South

[[Page 34843]]

Atlantic Fishery Management Council, One Southpark Circle, Suite 306, 
Charleston, SC 29407-4699; Phone: 843-571-4366; Fax: 843-769-4520.

FOR FURTHER INFORMATION CONTACT: Peter Eldridge, 813-570-5305.

SUPPLEMENTARY INFORMATION: The golden crab fishery in the EEZ of the 
South Atlantic is managed under the FMP. The FMP was prepared by the 
Council and is implemented under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) by 
regulations at 50 CFR part 622.
    The Council has proposed to adjust management measures for the 
South Atlantic golden crab fishery. The Council has submitted this 
regulatory amendment to NMFS for its review, approval, and 
implementation. These measures were developed and submitted to NMFS 
under the FMP's framework procedure for adjustments in gear regulations 
and permit requirements.

Use of Cable for Mainlines

    The Council proposes that the use of cable for mainlines be allowed 
through January 31, 1999, to allow for additional evaluation of cable 
in the golden crab fishery. Under current regulations at 50 CFR 
622.40(d)(2)(ii), rope is the only material allowed for a buoy line or 
mainline attached to a golden crab trap, except that wire cable is 
allowed for these purposes through January 31, 1998. The Council heard 
extensive discussion of the issue at the joint Golden Crab Advisory 
Panel/Committee meeting June 16, 1997, in Key West. The Council 
considered extending the authorized use of cable for buoy lines but 
declined to do so based on safety issues raised by the Coast Guard. The 
Council will reexamine the use of cable in the golden crab fishery when 
it reviews the status of the fishery in June 1998.

Vessel Size Limitations

    The Council proposes to ease the limitations on vessel size that 
apply when NMFS transfers a permit from one vessel to another. To 
obtain a vessel permit by transfer of an existing permit under current 
regulations, the owner of the receiving vessel must acquire a permit 
from a vessel with documented length overall, or permits from vessels 
with aggregate lengths overall, of at least 90 percent of the 
documented length overall of the receiving vessel. However, some owners 
want to use temporarily a shorter vessel (i.e., downsize) and 
subsequently return to a longer vessel. Current regulations may prevent 
them from doing so, because the permit NMFS transfers to a shorter 
vessel cannot be transferred again to a vessel that is more than 11.1 
percent longer than that smaller-sized vessel.
    To provide fishermen with greater flexibility in their choice of 
vessel length, the Council and this rule propose that, when NMFS has 
transferred a golden crab limited access permit to a smaller vessel, a 
subsequent transfer to a longer vessel will be limited based on the 
length of the vessel permitted prior to downsizing. For example, if 
NMFS transfers a permit issued to a vessel that is 90 ft (27.4 m) long 
to a vessel that is 50 ft (15.2 m) long, NMFS could subsequently 
transfer the permit to a vessel that is 100 ft (30.5 m) long. Such a 
transfer would be allowed because the length of the permitted vessel 
prior to downsizing is 90 percent of the length of the replacement 
vessel. The Council concluded that limiting vessel length based on the 
length of the permitted vessel prior to downsizing meets the Council's 
intent to cap fishing effort while at the same time providing greater 
flexibility for fishermen to use shorter vessels temporarily.

Changes Proposed by NMFS

    NMFS proposes to remove from the regulations the eligibility 
criteria and procedures for obtaining initial commercial vessel permits 
for the South Atlantic golden crab fishery. All initial permits have 
been issued, and no additional permits are being issued. Therefore, the 
criteria and procedures are no longer applicable. This change would be 
accomplished by moving from Sec. 622.17 to Sec. 622.4 the permit 
requirement for the fishery and by removing from Sec. 622.17 the 
paragraphs on initial eligibility, documentation of eligibility, 
application procedure, issuance, and appeals. The paragraph on display 
of a permit, which is adequately covered in Sec. 622.4, would also be 
removed.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce, based on the Council's regulatory impact review 
(RIR) that assesses the economic impacts of the management measures 
proposed in this rule on fishery participants, certified to the Chief 
Counsel for Advocacy of the Small Business Administration that this 
proposed rule, if adopted, would not have a significant economic impact 
on a substantial number of small entities as follows:

     * * * the provisions extending use of cable for mainlines and 
easing the restrictions on vessel size that would apply when NMFS 
transfers a permit from one vessel to another would not have adverse 
economic effects on a substantial number of the firms that own and 
operate fishing vessels for golden crabs in the South Atlantic 
Region. All such firms are considered small entities for purposes of 
the Regulatory Flexibility Act. These actions would not be expected 
to cause any reduction in revenue or force fishermen to modify their 
fishing operations. No increase in production cost would be expected 
as a result of these actions. The proposed actions would not require 
any existing fishing entity to acquire new equipment or to 
completely refit existing equipment for compliance purposes. The 
economic analyses do not indicate that any entity would be forced 
out of business. On the contrary, the actions would enable permitted 
fishermen to participate actively in the fishery and contribute 
toward developing the market for golden crab.

    As a result, a regulatory flexibility analysis was not prepared.
    This rule repeats a collection-of-information requirement subject 
to the Paperwork Reduction Act which has been approved by the Office of 
Management and Budget under control number 0648-0205. Permit 
applications involving transfers are estimated to take 20 minutes per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send comments 
regarding this burden estimate, or any other aspect of this data 
collection, including suggestions for reducing the burden, to NMFS (see 
ADDRESSES) and to the Office of Information and Regulatory Affairs, 
Office of Management and Budget, Washington, DC. 20503 (Attention: NOAA 
Desk Officer).

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: June 19, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    1. The authority citation for part 622 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.


[[Page 34844]]


    2. In Sec. 622.4, paragraph (a)(2)(x) is added to read as follows:


Sec. 622.4  Permits and fees.

    (a) * * *
    (2) * * *
    (x) For a person aboard a vessel to fish for golden crab in the 
South Atlantic EEZ, possess golden crab in or from the South Atlantic 
EEZ, off-load golden crab from the South Atlantic EEZ, or sell golden 
crab in or from the South Atlantic EEZ, a commercial vessel permit for 
golden crab must be issued to the vessel and must be on board. It is a 
rebuttable presumption that a golden crab on board a vessel in the 
South Atlantic or off-loaded from a vessel in a port adjoining the 
South Atlantic was harvested from the South Atlantic EEZ. See 
Sec. 622.17 for limitations on the use, transfer, and renewal of a 
commercial vessel permit for golden crab.
* * * * *


Sec. 622.5  [Amended]

    3. In Sec. 622.5, in paragraph (a)(1)(v), the reference to 
``Sec. 622.17(a)'' is removed and ``Sec. 622.4(a)(2)(x)'' is added in 
its place.


Sec. 622.6  [Amended]

    4. In Sec. 622.6, in paragraph (a)(1)(i) introductory text, the 
phrase ``or Sec. 622.17'' is removed.


Sec. 622.7  [Amended]

    5. In Sec. 622.7, in paragraphs (a) and (b), the phrase ``or 
Sec. 622.17'' is removed, in paragraph (c), the phrase ``or 
Sec. 622.17(g)'' is removed, and in paragraph (z), the reference to 
``Sec. 622.17(h)'' is removed and ``Sec. 622.17(b)'' is added in its 
place.


Sec. 622.8  [Amended]

    6. In Sec. 622.8, in paragraph (a), the reference to 
``Sec. 622.17(a)'' is removed and ``Sec. 622.4(a)(2)(x)'' is added in 
its place.
    7. Section 622.17 is revised to read as follows:


Sec. 622.17  South Atlantic golden crab controlled access.

    (a) General. In accordance with the procedures specified in the 
Fishery Management Plan for the Golden Crab Fishery of the South 
Atlantic Region, initial vessel permits have been issued for the 
fishery. No additional permits may be issued.
    (b) Fishing zones. (1) The South Atlantic EEZ is divided into three 
fishing zones for golden crab. A permitted vessel may fish for golden 
crab only in the zone shown on its permit. A vessel may possess golden 
crab only in that zone, except that other zones may be transited if the 
vessel notifies NMFS, Office of Enforcement, Southeast Region, St. 
Petersburg, FL, by telephone (813-570-5344) in advance and does not 
fish in an unpermitted zone. The designated fishing zones are as 
follows:
    (i) Northern zone--the South Atlantic EEZ north of 28 deg. N. lat.
    (ii) Middle zone--the South Atlantic EEZ from 25 deg. N. lat. to 
28 deg. N. lat.
    (iii) Southern zone--the South Atlantic EEZ south of 25 deg. N. 
lat.
    (2) An owner of a permitted vessel may request that NMFS change the 
zone specified on a permit from the middle or southern zone to the 
northern zone. A request for such change and the existing permit must 
be submitted from an owner of a permitted vessel to the RD.
    (c) Transfer. (1) An owner of a vessel with a valid golden crab 
permit may request that NMFS transfer the permit to another vessel by 
returning the existing permit(s) to the RD with an application for a 
permit for the replacement vessel.
    (2) To obtain a commercial vessel permit via transfer, the owner of 
the replacement vessel must submit to the RD a valid permit for a 
vessel with a documented length overall, or permits for vessels with 
documented aggregate lengths overall, of at least 90 percent of the 
documented length overall of the replacement vessel.
    (3) In addition to the provisions of paragraph (c)(2) of this 
section, the owner of a permitted vessel who has requested that NMFS 
transfer that permit to a smaller vessel (i.e., downsized), may 
subsequently request NMFS transfer that permit to a vessel of a length 
calculated from the length of the permitted vessel immediately prior to 
downsizing.
    (d) Renewal. In addition to the procedures and requirements of 
Sec. 622.4(h) for commercial vessel permit renewals, for a golden crab 
permit to be renewed, the SRD must have received reports for the 
permitted vessel, as required by Sec. 622.5(a)(1)(v), documenting that 
at least 5,000 lb (2,268 kg) of golden crab were landed from the South 
Atlantic EEZ by the permitted vessel during at least one of the two 12-
month periods immediately prior to the expiration date of the vessel 
permit.


Sec. 622.31  [Amended]

    8. In Sec. 622.31, in paragraph (a) the phrase ``or Sec. 622.17'' 
is removed.


Sec. 622.35  [Amended]

    9. In Sec. 622.35, in paragraph (f), the reference to 
``Sec. 622.17(h)'' is removed and ``Sec. 622.17(b)'' is added in its 
place.
    10. In Sec. 622.40, in paragraph (c)(3)(ii), the reference to 
``Sec. 622.17(h)'' is removed and ``Sec. 622.17(b)'' is added in its 
place and paragraph (d)(2)(ii) is revised to read as follows:


Sec. 622.40  Limitations on traps and pots.

* * * * *
    (d) * * *
    (2) * * *
    (ii) Rope is the only material allowed to be used for a buoy line 
or mainline attached to a golden crab trap, except that wire cable is 
allowed for a buoy line through January 31, 1998, and for a mainline 
through January 31, 1999.


Sec. 622.45  [Amended]

    11. In Sec. 622.45, in paragraph (f)(2), the reference to 
``Sec. 622.17(a)'' is removed and ``Sec. 622.4(a)(2)(x)'' is added in 
its place.
[FR Doc. 98-17129 Filed 6-25-98; 8:45 am]
BILLING CODE 3510-22-F